Comparative Civil Procedure
Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness

The Disciplinary Approach of Iranian and American Law in Dealing with Filing Frivolous Litigations by Attorneys

Document Type : Original Article

Author

Ehsan Bahramy

Assistant Professor of Law, Faculty of Law, University of Science and Culture, Tehran, Iran

Abstract
Just as attorneys, as one of the two wings of the “angel of justice,” facilitate the protection of rights, they may also deviate from their essential mission by filing frivolous litigations. This raises an important question: what disciplinary sanctions may be imposed on an attorney who files a frivolous litigation? Can such conduct be regarded as a disciplinary offense, thereby subjecting the attorney to disciplinary sanctions? Addressing this question within the legal systems of Iran and the United States (Federal), using a descriptive–analytical method and relying on library-based sources, is the central aim of this paper. After examining the concept of frivolous litigation and tracing the historical evolution of disciplinary sanctions to it, the study concludes that, under Iranian law, filing of a frivolous litigation with bad faith by an attorney may result in suspension for a period ranging from three months to two years, demotion in professional rank, removal of the attorney’s license, or even disbarment. Under U.S. federal law, however, once mere negligence (rather than bad faith) in filing a frivolous litigation is established, a broad range of disciplinary sanctions such as reprimand, suspension, or disbarment may be imposed.

Keywords

Bad Faith in Filing Frivolous Litigation
Disciplinary Sanction
Filing Frivolous Litigation by Attorney
Negligence in Filing Frivolous Litigation
Removal of the Attorney&‌rsquo
s License (Disbarment)

Subjects

Comparative Civil Procedure
Volume 1, Issue 2
January 2025

  • Receive Date 23 November 2025
  • Revise Date 04 December 2025
  • Accept Date 04 December 2025
  • Publish Date 21 January 2026

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